[2015] KEHC 836 (KLR)
The High Court found that the trial Magistrate properly considered the Green Card for land parcel S. Malakisi/Mwaliye/214, as well as the testimonies of the Forest Officer and other witnesses. The appellate court determined that there was no misdirection or application of wrong legal principles by the Magistrate....
Source-derived case information.
- Citation
- [2015] KEHC 836 (KLR)
- Parties
- Appellant: Ibrahim Bakari; Respondent: Patrick Okio
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 28 of 2013
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- SN Mukunya
- Legal Topics
- Land Ownership, Compensation, Appeals, Magistrate Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Bakari
Appellant
Patrick Okio
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial Magistrate misdirected himself in law or fact in determining ownership of land parcel S. Malakisi/Mwaliye/214.
- 2 Whether the compensation of Ksh.10,000 was properly considered.
- 3 Whether the trial court considered all relevant evidence.
Ratio Decidendi
The High Court found that the trial Magistrate properly considered the Green Card for land parcel S. Malakisi/Mwaliye/214, as well as the testimonies of the Forest Officer and other witnesses. The appellate court determined that there was no misdirection or application of wrong legal principles by the Magistrate. Consequently, the appeal lacked merit and was dismissed, affirming the trial court's decision regarding both land ownership and compensation.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
HIGH COURT CIVIL APPEAL NO.28 OF 2013
IBRAHIM BAKARI...................................................PLAINTIFF
VERSUS
PATRICK OKIO.....................................................DEFENDANT
JUDGEMENT
[1] I have perused the Memorandum of Appeal filed on 24th day of May, 2013 by Mr. Ibrahim Bakari. I have carefully considered the 3 grounds of appeal filed herein. I find that the trial Magistrate perused the Green Card of land parcel No. S. Malakisi/Mwaliye/214. He also considered the evidence of Gilbert Nadima a Forest Officer Malakisi Division and the one of DW2 and DW3. I also find that he considered the issue of Ksh.10,000 compensation.
[2] In find that, the learned Senior Resident Magistrate did not misdirect himself, and he never acted from the wrong Principles of Law.
I find this appeal without merit and I dismiss it without any order as to costs.
It is so ordered.
DATED at BUNGOMA this 2nd day of December, 2015
S. N. MUKUNYA
JUDGE